Term Of Service
Please read carefully before using the services offered by orishirt.com
Fuel provides users with an automated Internet-based service to design and sell t-shirts and other custom products. By using Orishirt and its services in any capacity, you have agreed to the terms and conditions of this Agreement and agree to use the site and service solely as provided in this Agreement. For additional clarification on these Terms of Service, please refer to Fuel’s Frequently Asked Questions section.
By violating this User Agreement in any capacity, you are subject to an immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.
Any time quoted for delivery is an estimate only; provided, however, that Fuel shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.
Product production is generated from the artwork uploaded by the seller. The estimated positioning of the art work is provided by the seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. Fuel may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed; and are completely dependent on the artwork uploaded by the seller.
Price and Payment
Seller shall determine the price of the merchandise sold for each campaign, Fuel shall retain from the customer payments, Fuel will determine the base price as the cost of goods sold (including any additional expenses and fees Fuel determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).
BY CREATING A CAMPAIGN ON THE ORISHIRT SITE:
You agree to accept and abide by Fuel’s Terms of Service in their entirety.
With respect to any trademarks, service marks, or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.
You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide Fuel with evidence of the permission given to you by the owner.
You agree that the description and title of the campaign do not, either in and of themselves or in addition to the text and images featured in the created merchandise, infringe upon the rights of any third party.
You understand and agree that Fuel reserves the right to remove any content that may be considered to promote hate, violence, racial intolerance, or the financial exploitation of a crime.
You understand and agree that Make better shirts may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, pursuant to Fuel’s Intellectual Property Complaint Policy below, unauthorized use of its intellectual property.
Upon receipt by Orishirt of an allegation of infringement that comports with Orishirt’s Intellectual Property Complaint Policy, in Orishirt’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with Fuel.
You agree not to provide untrue information in your campaign including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
You agree not to solicit potential buyers through information posted in your campaign other than the purchase of the primary item(s). This includes raffles, chances to win, and other representations of additional opportunities beyond the sale of the primary item being sold.
You agree to defend, indemnify, and hold Orishirt and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or relating to your use of Fuel’s site and services, your violation of this Agreement, or your violation of any rights of another.
You agree that Fuel is not responsible for any consequential, indirect, or any special damages, including, but not limited to, lost profits, associated with any action taken by Fuel pursuant to this Agreement or your use of the Orishirt service.
INTELLECTUAL PROPERTY COMPLAINT POLICYOrishirt provides users with a platform to sell their own merchandise. User contractually agree to all terms prior to use of Orishirt services. Orishirt contractually prohibit users from using its services to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).
It is Orishirt policy to block and remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.
If you believe that your intellectual property rights have been infringed upon by a Orishirt user. You must include within your notification the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed
- The URL to the Orishirt campaign(s) used in connection with the sale of the allegedly infringing merchandise.
- Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
- Your full name, address, telephone number(s), and email address(es).
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law.
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.